sch.5-sec.22Fixtures or structural changes— ss 254 – 255A

### sch.5-sec.22 Fixtures or structural changes— ss 254 – 255A The resident may attach a fixture, or make a structural change, to the rental premises only if— the resident gives the provider a request, in the approved form, for approval to attach the fixture or make the structural change; and the provider agrees to the request; and for body corporate rental premises—the body corporate agrees to the request; and the fixture is attached, or structural change is made, in accordance with the provider’s agreement. Fixtures are generally items permanently attached to land or to a building that are intended to become part of the land or building. Attaching a fixture may include, for example, gluing, nailing or screwing the fixture to a wall. The provider must— decide the request— within 28 days after receiving the request; or if the rental premises are not body corporate rental premises—within a longer period, if agreed to by the resident and provider; and advise the resident of the provider’s decision; and if the provider agrees to the request and the rental premises are body corporate rental premises— state that the provider’s agreement is subject to agreement by the body corporate; and give the request to the body corporate within 28 days after receiving the request; and advise the resident as soon as reasonably practicable of the body corporate’s decision about the request. If the provider agrees to the request, the provider must give the resident an agreement that— is in writing; and describes the nature of the fixture or structural change; and states any conditions of the agreement, including any conditions given by the body corporate. that the resident must maintain the fixture in a particular way that the resident must remove the fixture and must repair damage caused by removing the fixture that the provider must compensate the resident for the fixture if the resident can not remove it The resident must comply with any conditions of the agreement given by the provider or body corporate. In this clause— body corporate rental premises means rental premises— that are part of a body corporate scheme; and for which, under a body corporate law or body corporate by-law, the approval of the body corporate is required for the attachment of a fixture, or the making of a structural change, to the premises. (sch.5-sec.22-ssec.1) The resident may attach a fixture, or make a structural change, to the rental premises only if— the resident gives the provider a request, in the approved form, for approval to attach the fixture or make the structural change; and the provider agrees to the request; and for body corporate rental premises—the body corporate agrees to the request; and the fixture is attached, or structural change is made, in accordance with the provider’s agreement. Fixtures are generally items permanently attached to land or to a building that are intended to become part of the land or building. Attaching a fixture may include, for example, gluing, nailing or screwing the fixture to a wall. (sch.5-sec.22-ssec.2) The provider must— decide the request— within 28 days after receiving the request; or if the rental premises are not body corporate rental premises—within a longer period, if agreed to by the resident and provider; and advise the resident of the provider’s decision; and if the provider agrees to the request and the rental premises are body corporate rental premises— state that the provider’s agreement is subject to agreement by the body corporate; and give the request to the body corporate within 28 days after receiving the request; and advise the resident as soon as reasonably practicable of the body corporate’s decision about the request. (sch.5-sec.22-ssec.3) If the provider agrees to the request, the provider must give the resident an agreement that— is in writing; and describes the nature of the fixture or structural change; and states any conditions of the agreement, including any conditions given by the body corporate. that the resident must maintain the fixture in a particular way that the resident must remove the fixture and must repair damage caused by removing the fixture that the provider must compensate the resident for the fixture if the resident can not remove it (sch.5-sec.22-ssec.4) The resident must comply with any conditions of the agreement given by the provider or body corporate. (sch.5-sec.22-ssec.5) In this clause— body corporate rental premises means rental premises— that are part of a body corporate scheme; and for which, under a body corporate law or body corporate by-law, the approval of the body corporate is required for the attachment of a fixture, or the making of a structural change, to the premises. - (a) the resident gives the provider a request, in the approved form, for approval to attach the fixture or make the structural change; and - (b) the provider agrees to the request; and - (c) for body corporate rental premises—the body corporate agrees to the request; and - (d) the fixture is attached, or structural change is made, in accordance with the provider’s agreement. - (a) decide the request— (i) within 28 days after receiving the request; or (ii) if the rental premises are not body corporate rental premises—within a longer period, if agreed to by the resident and provider; and - (i) within 28 days after receiving the request; or - (ii) if the rental premises are not body corporate rental premises—within a longer period, if agreed to by the resident and provider; and - (b) advise the resident of the provider’s decision; and - (c) if the provider agrees to the request and the rental premises are body corporate rental premises— (i) state that the provider’s agreement is subject to agreement by the body corporate; and (ii) give the request to the body corporate within 28 days after receiving the request; and (iii) advise the resident as soon as reasonably practicable of the body corporate’s decision about the request. - (i) state that the provider’s agreement is subject to agreement by the body corporate; and - (ii) give the request to the body corporate within 28 days after receiving the request; and - (iii) advise the resident as soon as reasonably practicable of the body corporate’s decision about the request. - (i) within 28 days after receiving the request; or - (ii) if the rental premises are not body corporate rental premises—within a longer period, if agreed to by the resident and provider; and - (i) state that the provider’s agreement is subject to agreement by the body corporate; and - (ii) give the request to the body corporate within 28 days after receiving the request; and - (iii) advise the resident as soon as reasonably practicable of the body corporate’s decision about the request. - (a) is in writing; and - (b) describes the nature of the fixture or structural change; and - (c) states any conditions of the agreement, including any conditions given by the body corporate. Examples of conditions— • that the resident must maintain the fixture in a particular way • that the resident must remove the fixture and must repair damage caused by removing the fixture • that the provider must compensate the resident for the fixture if the resident can not remove it - • that the resident must maintain the fixture in a particular way - • that the resident must remove the fixture and must repair damage caused by removing the fixture - • that the provider must compensate the resident for the fixture if the resident can not remove it - • that the resident must maintain the fixture in a particular way - • that the resident must remove the fixture and must repair damage caused by removing the fixture - • that the provider must compensate the resident for the fixture if the resident can not remove it - (a) that are part of a body corporate scheme; and - (b) for which, under a body corporate law or body corporate by-law, the approval of the body corporate is required for the attachment of a fixture, or the making of a structural change, to the premises.